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Court rules in favor of state in taking of property for I-69

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For the second time in less than a month, the Indiana Court of Appeals has affirmed the state’s taking of property in southwestern Indiana for construction of Interstate-69.

William and Janice Boyd challenged the state’s eminent domain proceedings taking portions of real estate in Greene County owned by the Boyds. The Boyds objected, claiming the state violated various federal laws, the state’s offer to purchase was deficient, and the state sought to acquire more property than necessary.

The trial court struck the objections, condemned the property and appointed appraisers to determine the amount of just compensation to the Boyds.

In an eight-page decision authored by Senior Judge Randall Shepard in William A. Boyd and Janice Ann Boyd v. State of Indiana, 28A01-1203-PL-108, the judges quickly dismissed the Boyds’ objections. The couple argued that the interstate construction doesn’t comply with federal environmental statutes, but that challenge is to the legality of the project, not the legality of the taking. Property owners in Greene County recently made a similar objection in their appeal of the taking of their land for the interstate, and another appellate panel ruled just as the instant court has.

The judges ruled that the Boyds’ claim pertaining to the purchase offer being deficient is settled by Burd Mgmt. LLC v. State, 831 N.E.2d 104, 109 (Ind. 2005). While the Indiana Department of Transportation is required to make an offer, it is not required to prove that it did so, as the Boyds’ argued, Shepard wrote.

The COA also ruled that the Boyds’ claim that the state does not need the amount of land condemned for the I-69 project is not a proper subject for judicial review.

 

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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